Brodsky v. Carter
Federal Court Proceeding New York Southern District Court, Case No. Unknown

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Last Updated June 29, 2017 at 12:09 AM DT (4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Meryl Brodsky, Plaintiff
v.
No Logo Corporation Cousel of the City of New York, Defendant
Officially listed as "Zachary W. Carter"

Toggle Switch Represented by City of New York

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Marilyn Richter +1 212 788 0931 +1 212 788 0940 mrichter@law.nyc.gov

Toggle Switch Represented by NYC Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Carolyn Elizabeth Kruk +1 212 788 1165 +1 212 788 0940 ckruk@law.nyc.gov
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Legal Document (Payment Possibly Required) 27 Filed: 1/9/2017, Entered: None Unknown Document Type
MANDATE of USCA (Certified Copy) as to 26 Notice of Appeal, filed by Meryl Brodsky. USCA Case Number 16-1283-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/9/2017. (nd) (Entered: 01/09/2017)
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    Legal Document (Payment Possibly Required) 26 Filed: 4/22/2016, Entered: None
    NOTICE OF APPEAL from 24 Order Adopting Report and Recommendations, 25 Clerk's Judgment. Document filed by Meryl Brodsky. Filing fee $ 505.00, receipt number 465401151100. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp) (Entered: 04/25/2016)
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      Legal Document (Payment Possibly Required) 25 Filed: 3/31/2016, Entered: 3/31/2016 Clerks Judgment
      CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Decision and Order dated March 28, 2016, the Report is adopted; Brodsky's objections are overruled, and Plaintiff's Section 1983 claims are time barred; the Board's motion to dismiss the federal claims under Rule 12(b)(6) is granted; the Board's motion on Rule 8 grounds is denied; the Court declines to exercise supplemental jurisdiction over Plaintiff's state and local-law claims, and this case is dismissed in its entirety; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/31/2016) (Attachments: # (1) Notice of Right to Appeal, # (2) Notice of Right to Appeal)(dt)
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        Blank 24 Filed: 3/28/2016, Entered: 3/28/2016 Order Adopting Report and Recommendations
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          Legal Document (Payment Possibly Required) 23 Filed: 12/30/2015, Entered: None
          PLAINTIFF'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT & RECOMMENDATION; re: to 20 Report and Recommendations Document filed by Meryl Brodsky. (sc) (Entered: 12/30/2015)
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            Legal Document (Payment Possibly Required) 22 Filed: 12/15/2015, Entered: None
            INTERNET CITATION NOTE: Material from decision with Internet citation re: 20 Report and Recommendation. (lnl) (Entered: 12/29/2015)
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              Legal Document (Payment Possibly Required) 21 Filed: 12/15/2015, Entered: None
              INTERNET CITATION NOTE: Material from decision with Internet citation re: 20 Report and Recommendation. (lnl) (Entered: 12/29/2015)
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                Legal Document (Payment Possibly Required) 20 Filed: 12/15/2015, Entered: None Court Filing
                REPORT AND RECOMMENDATION. For all of the foregoing reasons, I recommend that Defendant's motion to dismiss the Complaint (Dkt. 11) be granted. In particular, I recommend: (1) that Plaintiffs' federal claims be dismissed with prejudice, and (2) that the Court decline to exercise supplemental jurisdiction over Plaintiffs' remaining state and local claims. re: 11 MOTION to Dismiss the Complaint filed by Zachary W. Carter. (Objections to R&R due by 1/1/2016). (Signed by Magistrate Judge Debra C. Freeman on 12/15/2015) (rjm) (Entered: 12/16/2015)
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                  Legal Document (Payment Possibly Required) 19 Filed: 9/23/2015, Entered: None
                  CERTIFICATE OF SERVICE of Reply Memorandum of Law and all unreported decisions on September 23, 2015. Service was made by mail. Document filed by Zachary W. Carter. (Kruk, Carolyn) (Entered: 09/23/2015)
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                    Legal Document (Payment Possibly Required) 18 Filed: 9/23/2015, Entered: None
                    REPLY MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss the Complaint. . Document filed by Zachary W. Carter. (Kruk, Carolyn) (Entered: 09/23/2015)
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                      Legal Document (Payment Possibly Required) 17 Filed: 9/17/2015, Entered: None Court Filing
                      ORDER: All discovery in this action shall be stayed pending the resolution of Defendant's motion to dismiss the Complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure (Dkt. 11), except that Defendant is directed to make reasonable efforts to determine whether any witnesses with knowledge of the events alleged in Plaintiffs Complaint are likely to become unavailable during the pendency of the motion, and to identify any such witnesses to the Court no later than 60 days from the date of this Order. If Plaintiff needs assistance in understanding any of the procedural rules of this Court, or any aspect of this Order, Plaintiff is encouraged to contact the Court's Pro Se Office. The telephone number for the Pro Se Office is (212) 805-0175. (Signed by Magistrate Judge Debra C. Freeman on 9/17/2015) (kko) (Entered: 09/18/2015)
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                        Legal Document (Payment Possibly Required) 16 Filed: 9/2/2015, Entered: None
                        MEMORANDUM IN SUPPORT OF PLAINTIFF'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS; re: 11 MOTION to Dismiss the Complaint. Document filed by Meryl Brodsky. (sc) (Entered: 09/03/2015)
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                          Legal Document (Payment Possibly Required) 15 Filed: 9/2/2015, Entered: None
                          DECLARATION OF MERYL BRODSKY re: in opposition to 11 MOTION to Dismiss the Complaint. Document filed by Meryl Brodsky. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(sc) (Entered: 09/03/2015)
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                            Legal Document (Payment Possibly Required) 14 Filed: 8/20/2015, Entered: None
                            CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Memorandum of Law in Support of Defendants Motion to Dismiss, the Declaration of Carolyn E. Kruk dated August 20, 2015 (attaching Exhibits A-I), the Notice to a Pro Se Litigant Who Opposes a Rule 12 Motion Supported by Matters Outside the Pleadings, along with a copy of all unreported decisions served on Plaintiff on August 20, 2015. Service was made by mail. Document filed by Zachary W. Carter. (Kruk, Carolyn) (Entered: 08/20/2015)
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                              Legal Document (Payment Possibly Required) 13 Filed: 8/20/2015, Entered: None
                              DECLARATION in Support re: 11 MOTION to Dismiss the Complaint.. Document filed by Zachary W. Carter. (Attachments: # 1 Exhibit A (N.Y. Sup. Ct., June 27,2007), # 2 Exhibit B (869 N.Y.S.2d 508 (1st Dep't, 2008), # 3 Exhibit C (N.Y. Sup. Ct., December 16, 2009), # 4 Exhibit D (N.Y. Sup. Ct., March 9, 2010), # 5 Exhibit E (N.Y. Sup. Ct., July 9, 2010), # 6 Exhibit F (N.Y. Sup. Ct., July 9, 2010), # 7 Exhibit G (914 N.Y.S.2d 629 (1st Dep't, 2011), # 8 Exhibit H (971 N.Y.S.2d 265 (1st Dep't, 2013), # 9 Exhibit I (999 N.Y.S.2d 417 (1st Dep't, 2014))(Kruk, Carolyn) (Entered: 08/20/2015)
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                                Legal Document (Payment Possibly Required) 12 Filed: 8/20/2015, Entered: None
                                MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss the Complaint. . Document filed by Zachary W. Carter. (Kruk, Carolyn) (Entered: 08/20/2015)
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                                  Legal Document (Payment Possibly Required) 11 Filed: 8/20/2015, Entered: None
                                  MOTION to Dismiss the Complaint. Document filed by Zachary W. Carter.(Kruk, Carolyn) (Entered: 08/20/2015)
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                                    Legal Document (Payment Possibly Required) 10 Filed: 7/23/2015, Entered: None Court Filing
                                    SCHEDULING ORDER: Initial Conference set for 9/15/2015 at 10:30 AM in Courtroom 17A, 500 Pearl Street, New York in the United States Courthouse, NY 10007 before Magistrate Judge Debra C. Freeman. (As further set forth in this Order.) (Signed by Magistrate Judge Debra C. Freeman on 7/23/2015) Copies Sent By Chambers. (mro) (Entered: 07/23/2015)
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                                      Legal Document (Payment Possibly Required) 9 Filed: 7/21/2015, Entered: None Court Filing
                                      ORDER granting 8 Letter Motion for Extension of Time to File Response/Reply. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 7/21/2015) (kgo) (Entered: 07/21/2015)
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                                        Legal Document (Payment Possibly Required) 8 Filed: 7/20/2015, Entered: None Court Filing
                                        FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint addressed to Magistrate Judge Debra C. Freeman from Marilyn Richter dated July 20, 2015. Document filed by Zachary W. Carter.(Richter, Marilyn) (Entered: 07/20/2015)
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                                          Legal Document (Payment Possibly Required) 7 Filed: 7/1/2015, Entered: None Court Filing
                                          LETTER addressed to Magistrate Judge Debra C. Freeman from Meryl Brodsky, dated 7/1/15 re: Plaintiff informs the Court that, in the Civil Docket for Case #: 1:15-cv-03469-GBD-DCF, the "Nature of Suit: 370 Fraud or Truth-in-Lending" should be "..370 Fraud," not "Truth-in-Lending." Document filed by Meryl Brodsky.(sc) (Entered: 07/08/2015)
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                                            Legal Document (Payment Possibly Required) 6 Filed: 7/1/2015, Entered: None
                                            SUMMONS RETURNED EXECUTED. Summons and Complaint served. Zachary W. Carter served on 6/30/2015, answer due 7/21/2015. Service was accepted by B. Mazyck, Legal Clerk, NYC Corporation Counsel. Document filed by Meryl Brodsky. (sc) (Entered: 07/01/2015)
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                                              Legal Document (Payment Possibly Required) 5 Filed: 7/1/2015, Entered: None
                                              PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Meryl Brodsky consents to receive electronic service via the ECF system. Document filed by Meryl Brodsky.(sc) (Entered: 07/01/2015)
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                                                Legal Document (Payment Possibly Required) 3 Filed: 5/7/2015, Entered: None Court Filing
                                                ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge George B. Daniels on 5/07/2015) (ama) (Entered: 05/07/2015)
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                                                  Legal Document (Payment Possibly Required) 2 Filed: 5/7/2015, Entered: None Court Filing
                                                  PRO SE PRETRIAL CONFERENCE: Pro se Plaintiff and counsel for all parties are hereby notified that this case is referred to Magistrate Judge Debra C. Freeman, for the purposes of Case Management and Scheduling pursuant to Federal Rule Civil Procedure 16. You are directed to furnish all attorneys in this action with copies of this order and enclosures. If you are unaware of the identity of counsel for any of the parties, you must send a copy of the notice and rules to that party personally. All correspondence to the Court should be addressed to the chambers of Magistrate Judge Debra C. Freeman. Any procedural questions by Pro Se plaintiff should be addressed to the Pro Se Office at (212) 805-0176. SO ORDERED. (Signed by Judge George B. Daniels on 5/06/2015) (ama) (Entered: 05/07/2015)
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                                                    Legal Document (Payment Possibly Required) 1 Filed: 5/4/2015, Entered: None
                                                    COMPLAINT against Zachary W. Carter. (Filing Fee $ 350.00, Receipt Number 465401124386)Document filed by Meryl Brodsky.(rdz) (Additional attachment(s) added on 5/6/2015: # 1 Exhibit) (rdz). (man). (Entered: 05/05/2015)
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